The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-02-05
MR.. TURPIE'S ELECTION"
What Sort of Contest the Democratic Claim
ant Will Have to Meet.
Special to Cincinnati Enquirer.

Special to Cincin natl Enquirer.
The Indiana senatorial complication is now
fairly transferred to Washington. It may be
safely assumed that Judge Turpie, before at
tanning his seat in the Senate will have his
claim challenged, and an investigation into the
methods of his election is certain. The Repub-
Iicans will claim that Green Smith, if Lieuten-
ant governor, had no right to vote in his sena-
torial capacity. If the Supreme Court should
decide that Robertson was not elected
Lieutenant governor because 20 vacancy
existed it will add more to Tur
pies disadvantage than advantage. If
Smiths vote be not counted Turpie
will have received only seventy-five votes, which
is one less than a legal quorum of the joint as
sembly. The Senate has established the prece
dent of its right to inquire into the very minuti@
of detail touching the election Of member to
its body. This was made in the contest of NJ c.
Butler, of South Carolina. The joint convention
which elected Butler to the Senate was attended
by only nine members of the South Carolina
Senate The committee on elections to whom
his credentials were referred went into the in
curry even of the legal status of the Legislature
1t reported against him. Butler, however was
given his seat because Don Cameron and Patter-
son, of South Carolina, both Republicans, voted
for him, and Bruce the colored member. by ar
rangement, it has been charged remained absent
impaired.
Turpie may anticipate to have his election
challenged at the very threshold of the Senate.
His prima facie right will even be denied, and
he may as we'll prepare himself for a long siege
of inquiry and defense. The result Of this in
auiry will turn upon the right of Smith to vote
for Senator well as the right of the member
who was seated in place of the Republican fred
out for allegations of bribery.
PHASES OF THE CONTEST
Special to Commercial Gazette.
ton of Judge Turpie to the United States Sen.
ate will be unique in some of its features, but
not wholly without precedent 1t is not con-
test IN the common acceptation of the term. as
no one will claim the seat as against him, but it
will be confined to an effort to show that
Turpe was not legally elected. The joint con-
ventlon had $50 members. and under the fed
eral statutes seventy votes were necessary
to choice. The Republicans will attempt to
show that the vote of Branaman. who was given
tho seat to which Mcdonald, of jackson, was
elected, had no right to vote, as he was elected
to fill vacancy that did not exist. The third
point in the contest will be that Green Smith
| was not entitled to vote. If Branaman's vote
should be thrown out, the election would be off,
because Turpie would lack one vote of the neces-
| sary number.
| In 1857 Bright and Fitch were declared elected
| to the Senate from this State, and protest was
| presented by the Republicans of the General
| Assembly against their being permitted to take
| their seats. The Senate held, in long and
| elaborate report from the committee on cleo
| tions, that, as there were persons claiming
the seats by virtue of any election the right &c
| their seats could not be questioned The report
held that the Legislature of Indiana should have
| sent some one to Washington to claim the seats
II the same ruling should prevail, the protest Of
| the Legislature in the present instance will bt
| of no avail There is no doubt that the seating
| of Branaman was an illegal use of power, and
| that he had no right to cast vote in the join
| convention, but the question is, how should tn,
point be raised in the United States Senate.